I am an immigration lawyer with over 15 years experience in the field. Immigration law is one of the most complex and frustrating fields of law today. This blog is an attempt to shed some light on Immigration Law.

Wednesday, February 17, 2010

Immigration Rant of the Day Fiance visa K-1 version

From the Immigration Listserve Immlog, one of my colleagues issued this rant about the policies fo the California Service Center

I saw an NOID (Notice of Intent to Deny) on a K1 recently from CSC. I thought we had settled that last year.

It turns out that I was right.

What CSC is apparently doing now is issuing NOID's on K1 re-files. Thus, if a K1 is refused at the consulate, P receives an Notice of Decision (NOD) from CSC notifying him or her that the petition has expired and that re-filing with IMBRA waiver is an option.

However, on that re-file, CSC can send out an NOID based on the consular memorandum from the previous interview. Thus, there are no 120 day expiration & revalidation issues.

It makes sense to me. ***BTW, for lawyers like me who collect consular refusal reasons.here is one for your collection:

"The beneficiary provided email and chat transcripts for review. Many of the emails from the beneficiary included poems. The beneficiarysaid he would find them on Google and send them to the petitioner."***

That's it.

It's unclear if the officer objected to B's taste in poetry, or if he was accusing B of plagiarism. Either way, it might be wise for a skilled practitioner to write the consulate in advance, & request a list of approved poems,so that the evidence your client submits can better conform to the office's poetic sensibilities.